FDA Proposes Removing Standard of Identity for French Dressing

The US FDA announced that it was proposing to remove the Standard of Identity for French Dressing. The Standard of Identity, as we know, provides a standardized definition for a food item, in this case, French Dressing, so that when a consumer buys it from the store, they sort of know what they are buying.

"This proposed rule, if finalized, would revoke the standard of identity for French dressing. This action, in part, responds to a citizen petition submitted by the Association for Dressings and Sauces (ADS) (petition). We tentatively conclude that the standard of identity for French dressing no longer promotes honesty and fair dealing in the interest of consumers and revoking the standard could provide greater flexibility in the product’s manufacture, consistent with comparable, nonstandardized foods available in the marketplace.

"So what is French Dressing?
According to the online dictionary, French Dressing is:

n.
1. A salad dressing of oil, vinegar, and seasonings.
2. A commercially prepared creamy salad dressing that is usually pale orange to reddish-orange in color and often sweet.
From the US  Code of Federal Regulations, the Standard of Identity for French Dressing (entire listing below) states that it contains acidifying agents, vinegar and/or lemon juice, and has not less than 35 percent by weight of vegetable oil. Optional ingredients include egg and tomato juice.

The FDA proposal to remove this standard reasons:

"The petition states that there has been a proliferation of nonstandardized pourable dressings for salads with respect to flavors (Italian, Ranch, cheese, fruit, peppercorn, varied vinegars, and other flavoring concepts) and composition (including a wide range of reduced fat, “light,” and fat-free dressings) (petition at page 3). The French dressing standard of identity, according to the petition, no longer serves as a benchmark for other dressings because of the wide variation in composition to meet consumer interests (id.). Instead, the petition claims that the standard of identity has become marginalized and restricts innovation (id.). Therefore, the petition states that the French dressing standard of identity no longer promotes honesty and fair dealing in the interest of consumers (id.).

One key factor in the standard is the required level of oil.  With the demand for lower fat varieties, this standard limits that.  

When the standard of identity was established in 1950, French dressing was one of three types of dressings we identified (15 FR 5227). We generally characterized the dressings as containing a fat ingredient, an acidifying ingredient, and seasoning ingredients. The French dressing standard allowed for certain flexibility in manufacturers’ choice of oil, acidifying ingredients, and seasoning ingredients. Tomatoes or tomato-derived ingredients were among the seasoning ingredients permitted, but not required. Amendments to the standard since 1950 have permitted the use of additional ingredients, such as any safe and suitable color additives that impart the color traditionally expected (39 FR 39543 at 39554-39555).
Most, if not all, products currently sold under the name “French dressing” contain tomatoes or tomato-derived ingredients and have a characteristic red or reddish-orange color. They also tend to have a sweet taste. Consumers appear to expect these characteristics when purchasing products represented as French dressing. Thus, it appears that, since the establishment of the standard of identity, French dressing has become a narrower category of products than prescribed by the standard. These products maintain the above characteristics without a standard of identity specifically requiring them.

Additionally, French dressing products are manufactured and sold in lower-fat varieties that contain less than the minimum amount of vegetable oil (35% by weight) required by 21 CFR 169.115(a). We are unaware of any evidence that consumers are deceived or misled by the reduction in vegetable oil when these varieties are sold under names including terms such as “fat free” or “low-fat.” By contrast, these varieties appear to accommodate consumer preferences and dietary restrictions. Therefore, after considering the petition and related information, we tentatively conclude that the standard of identity for French dressing no longer promotes honesty and fair dealing in the interest of consumers consistent with section 401 of the FD&C Act. "

Should we care?  This is such a non-specific standard to begin with, brand specific variations may not make much difference to the consumer.  But FDA is "interested in any information, including data and studies, on consumer expectations regarding French dressing and whether the specifications in § 169.115 are necessary to ensure that French dressing meets these expectations."

 

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Food and Drug Administration
21 CFR Part 169
[Docket No. FDA-2020-N-1807]

RIN 0910-AI16
French Dressing; Proposed Revocation of a Standard of Identity
AGENCY: Food and Drug Administration, HHS.
ACTION: Proposed rule.

SUMMARY: The Food and Drug Administration (FDA or we) proposes to revoke the  standard of identity for French dressing. This action, in part, responds to a citizen  petition submitted by the Association for Dressings and Sauces (ADS). We tentatively conclude that this standard no longer promotes honesty and fair dealing in the interest of  consumers. Revocation of the standard of identity for French dressing could provide  greater flexibility in the product’s manufacture, consistent with comparable, nonstandardized foods available in the marketplace.

DATES: Submit either electronic or written comments on the proposed rule by [INSERT

DATE 90 DAYS AFTER DATE OF PUBLICATION IN THE FEDERAL REGISTER].

ADDRESSES: You may submit comments as follows. Please note that late, untimely filed comments will not be considered. Electronic comments must be submitted on or  before [INSERT DATE 90 DAYS AFTER DATE OF PUBLICATION IN THE  FEDERAL REGISTER]. The https://www.regulations.gov electronic filing system will  accept comments until 11:59 p.m. Eastern Time at the end of [INSERT DATE 90 DAYS  AFTER DATE OF PUBLICATION IN THE FEDERAL REGISTER]. Comments received by mail/hand delivery/courier (for written/paper submissions) will be considered  
This document is scheduled to be published in the Federal Register on 12/21/2020 and available online at federalregister.gov/d/2020-27822, and ongovinfo.gov timely if they are postmarked or the delivery service acceptance receipt is on or before  that date.


Standard of Identity  21 cfr 169.115 (42 fr 14481,march 15, 1977

https://www.law.cornell.edu/cfr/text/21/169.115
§ 169.115 French dressing.

(a) Description. French dressing is the separable liquid food or the emulsified viscous fluid food prepared from vegetable oil(s) and one or both of the acidifying ingredients specified in paragraph (b) of this section. One or more of the ingredients specified in paragraph (c) of this section may also be used. The vegetable oil(s) used may contain an optional crystallization inhibitor as specified in paragraph (c)(11) of this section. All the ingredients from which the food is fabricated shall be safe and suitable. French dressing contains not less than 35 percent by weight of vegetable oil. French dressing may be mixed and packed in an atmosphere in which air is replaced in whole or in part by carbon dioxide or nitrogen.

(b) Acidifying ingredients.

(1) Any vinegar or any vinegar diluted with water, or any such vinegar or diluted vinegar mixed with an optional acidifying ingredient as specified in paragraph (c)(9) of this section. For the purpose of this paragraph, any blend of two or more vinegars is considered to be a vinegar.

(2) Lemon juice and/or lime juice in any appropriate form, which may be diluted with water.

(c) Other optional ingredients. The following optional ingredients may also be used:

(1) Salt.

(2) Nutritive carbohydrate sweeteners.

(3) Spices and/or natural flavorings.

(4) Monosodium glutamate.

(5) Tomato paste, tomato puree, catsup, sherry wine.

(6) Eggs and ingredients derived from eggs.

(7) Color additives that will impart the color traditionally expected.

(8) Stabilizers and thickeners to which calcium carbonate or sodium hexametaphosphate may be added. Dioctyl sodium sulfosuccinate may be added in accordance with § 172.810 of this chapter.

(9) Citric and/or malic acid, in an amount not greater than 25 percent of the weight of the acids of the vinegar or diluted vinegar calculated as acetic acid.

(10) Sequestrant(s), including but not limited to calcium disodium EDTA (calcium disodium ethylenediamine- tetraacetate) and/or disodium EDTA (disodium ethylenediamine-tetraacetate), may be used to preserve color and/or flavor.

(11) Crystallization inhibitors, including but not limited to oxystearin, lecithin, or polyglycerol esters of fatty acids.

(d) Nomenclature. The name of the food is “French dressing”.

(e) Label declaration. Each of the ingredients used in the food shall be declared on the label as required by the applicable sections of parts 101 and 130 of this chapter.

[42 FR 14481 Mar. 15, 1977, as amended at 58 FR 2886, Jan. 6, 1993]